Sunday, April 06, 2008

Could it be Spring???

Well it seems that the weather has finally changed towards the gardener's favour! I am checking the forecasts here in Toronto and there is no calling for below freezing weather any time soon.

That should be good news for Spring bulbs, cherry blossoms and many other things that will bud over the next few weeks!

Almost patio weather, but not quite pool side summer sun just yet...
(In this photo: Pool side sunning/seating area for two, set on beautiful Owensound Square-cut flagstone.)

Time for this Gardener to come out of Hibernation!


KSM said...

Paul,Through a search I fond an old blog of your dates April 22,07. This was about trees and bylaws. I have 3 50 to 60 foot pine trees in my back yard that I love. My neighbor, without speaking to me has now twice trimed off branches. The 1st time I could understand as they were low branches the did over hang his property.(although it would have been nice if he had spoken to me 1st, that was last year) This time he has now removed what amount to almost 1/4 of the branches on 1 side of this tree. I am now worried he may have compromised the longivity of this tree. I can't relly afford to have an arborist come in. Do I have an recourse ... I have spent the last week on the web trying to find out anything, the only thing I get from the city is that it is none of there business, and the lawer I consulted said I need to have an arborist look at the tree and then get back to him. Can you point me in the right direction? I want to stop this neighbor from distroying a wonderful tree and I am worried that the next time I come home even more of my tree will be missing. (another neighbor took picture of him cutting it and carting away the branches)

Paul Corsetti (416)455-5515 said...

When dealing with issues of neighbours and property lines, it is always a touchy issue. All I can suggest to you is that you do need to get a qualified arborist to do a report. If the tree has been damaged by the pruning then you have and the city has the option to take a legal action towards the neighbour. Anyway, about the only thing I can do is refer you to the City of Toronto's FAQ on forestry issues...Below is the exact question you've asked me which I have taken from the City's website and displayed... Hopefully it helps...

Question: Can I prune the branches from my neighbour's tree, that overhang my property?
Answer: Three main points to remember when dealing with trees on adjacent private property are that:

1. You cannot trespass onto your neighbour's property;
2. You cannot damage your neighbour's property (in this case a tree); and
3. You have the right to maintain your property in a safe condition

* It is therefore best for property owners to come to an agreement between themselves with respect to trees overhanging property lines.
* If you are unable to reach an agreement with your neighbour and want to determine your legal rights, you should contact a lawyer.
* The act of pruning trees on neighbouring private property affects private property rights and is a civil issue between private property owners.
* The City has no jurisdiction with respect to such issues.
* Where a tree on private property is protected under the provisions of the Private Tree Bylaw, pruning of the tree is permitted provided the pruning is in accordance with good arboricultural standards. Otherwise, a permit would be required to injure or destroy the tree.
* A qualified tree expert should always be retained to carry out tree pruning.